academia, legal representation and others – under broadly framed counter-terrorism criminal laws in several OSCE participating States.126 In their efforts to counter FTF threats, states must be cautious not to reinforce existing trends in some countries of counter-terrorism legislation being applied in an abusive manner. The responsibility to ensure compliance with rule of law principles falls first and foremost on legislatures. In the context of Resolutions 2178 (2014) and 2396 (2017), the UN Security Council has been criticized for “directing criminal legislative practice in expanded ways”.127 The broad terms of such resolutions make it all the more important that national legislatures engage in a rigorous and inclusive process in which they consider the “value, efficiency and rule of law compliance” of criminal law measures in this field.128 Those drafting and adopting legislation must ensure that criminal law meets the strict requirements of legality upon which its legitimacy depends. Prosecuting authorities, within the limits provided by the legal system in the country concerned, also play a crucial role in exercising discretion in the selection of cases and application of the law. Even where criminal law could be used, independent and professional prosecutors should take into account all the circumstances of a suspect’s case, the interests of justice and countervailing criminal policy considerations, including the broader social or human rights impact of a prosecution. Governments must respect the independence and professionalism of prosecuting agencies. While important, discretion of prosecutors within the limits of the legal system should not be considered an alternative to clarity in the law itself. As British judge Lord Bingham has noted, “the rule of law is not well served if a crime is defined in terms wide enough to cover conduct which is not regarded as criminal and it is then left to the prosecuting authorities … not to prosecute to avoid injustice”.129 Participating States must, therefore, ensure complementary legislative, prosecutorial and judicial roles in line with fundamental rule of law and human rights principles, with a view to effectively prosecuting genuine terrorist activity while curtailing over-reach. Ensuring Fairness and Respecting the Presumption of Innocence States must ensure that the fairness of criminal proceedings, as enshrined in international human rights law, is strictly respected. In practice, the expanding scope of criminal law and imposition of grave penalties for FTF-related acts, including less serious ones, may be rendered more problematic by criminal law procedures that undermine standards of justice and fair trial rights. 126  Concerns about the unwarranted application of offences related to “terrorism” or so-called “extremism” are well documented. See for example, “The Responsibility of States’: Protection of Human Rights Defenders in the OSCE Region (2014–2016)”, OSCE/ODIHR, 14 September 2017, <https://www.osce.org/odihr/341366>. 127  F. Ní Aoláin, “The UN Security Council, Global Watch Lists, Biometrics and the threat to the rule of law”, op. cit., note 52. 128  Ibid. 129  Cited in: D. Anderson, “Shielding the Compass: How to Fight Terrorism without Defeating the Law”, op. cit., note 124. 40 Guidelines for Addressing the Threats and Challenges of “Foreign Terrorist Fighters”